{"id":1426753,"date":"2022-04-09T09:14:53","date_gmt":"2022-04-09T13:14:53","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1426753"},"modified":"2022-04-09T09:14:55","modified_gmt":"2022-04-09T13:14:55","slug":"ex-clinton-lawyer-sussman-doesnt-want-durhams-expert-fbi-witness-to-testify-about-informations-accuracy","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/ex-clinton-lawyer-sussman-doesnt-want-durhams-expert-fbi-witness-to-testify-about-informations-accuracy\/","title":{"rendered":"Ex-Clinton Lawyer Sussman Doesn\u2019t Want Durham\u2019s Expert FBI Witness to Testify About Information\u2019s Accuracy"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">28<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fex-clinton-lawyer-sussman-doesnt-want-durhams-expert-fbi-witness-to-testify-about-informations-accuracy%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1426753&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><div><\/div>\n<div class=\"RichTextArticleBody\">\n<div class=\"RichTextArticleBody-body\">\n<p><span class=\"ArticlePage-articleBody-firstLetter\">T<\/span>he Democratic cybersecurity lawyer charged with lying to the FBI about who he was working for when he shared internet data that suggested a now-debunked Trump-Russia link doesn\u2019t want special counsel John Durham\u2019s expert FBI witness to testify about the information&#8217;s accuracy. <\/p>\n<p>The legal team representing Michael Sussmann complained that the special counsel &#8220;never once suggested that it intended to call an expert witness&#8221; for months, according to a Friday evening court filing. \u201cNow \u2014 a mere six weeks before trial \u2014 the Special Counsel has provided a perfunctory and legally deficient notice that he intends to call Special Agent David Martin of the FBI to offer highly technical and complex testimony at trial, including (at his sole discretion) on a topic that the Special Counsel has told the Court he does not intend to put at issue at trial, namely, the accuracy of the data that Mr. Sussmann provided to the FBI, as well as the accuracy of the conclusions drawn from that data.\u201d <\/p>\n<div class=\"Enhancement\">\n<div class=\"Enhancement-item\"><\/div>\n<\/p><\/div>\n<p>Sussmann \u201cis amenable to expert testimony from Special Agent Martin that helps educate the jury about basic, uncontroversial issues like what Domain Name System data is,&#8221; his defense lawyers said, adding that he \u201cobjects to any expert testimony regarding the accuracy of the data or the accuracy of conclusions drawn from the data.\u201d Such testimony is \u201cnot relevant\u201d to the false statements charge, and Sussmann \u201cwould be unfairly prejudiced&#8221; by the testimony, the lawyers said. They insisted to the judge this is an \u201cambush.\u201d <\/p>\n<p><b><a class=\"Link\" href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/durham-asks-judge-to-review-clinton-campaign-claims-of-attorney-client-privilege\">DURHAM ASKS JUDGE TO REVIEW CLINTON CAMPAIGN CLAIMS OF ATTORNEY-CLIENT PRIVILEGE<\/a><\/b> <\/p>\n<p>\u201cNotably, the Indictment makes no allegation regarding the accuracy of the data that Mr. Sussmann provided to the FBI or the specific conclusions reached about the data,\u201d Sussmann\u2019s lawyers argued. \u201cMoreover, the Indictment does not allege (nor could it) that Mr. Sussmann, a lawyer without a technical background, knew the data was inaccurate or even had the professional expertise to evaluate its accuracy.\u201d <\/p>\n<p>Sussmann\u2019s lawyers said they told the special counsel March 31 that they would not object to the FBI special agent testifying about the basics of domain name systems but were upset that \u201cthe Special Counsel refused to narrow the scope of the expert testimony.\u201d <\/p>\n<p>The defense team argued that \u201cthe only thing relevant to the charged crime regarding these topics is, at best, evidence that bears directly on Mr. Sussmann\u2019s state of mind or intent regarding the accuracy of the data.&#8221; <\/p>\n<p>Sussmann was <u><a class=\"Link\" href=\"https:\/\/www.washingtonexaminer.com\/policy\/courts\/sussmann-wants-durham-filing-about-trump-white-house-snooping-stricken-from-record\">indicted<\/a><\/u> last September for allegedly <u><a class=\"Link\" href=\"https:\/\/www.washingtonexaminer.com\/news\/durham-grand-jury-indicts-lawyer-allegedly-lying-fbi-concealing-ties-clinton-campaign\">concealing<\/a><\/u> his clients \u2014 Hillary Clinton&#8217;s 2016 presidential campaign and \u201cTech Executive-1,\u201d known to be former Neustar executive <a class=\"Link\" href=\"https:\/\/www.washingtonexaminer.com\/news\/tech-exec-1-says-he-will-plead-the-fifth-in-durham-case\">Rodney Joffe<\/a> \u2014 from FBI general counsel James Baker in September 2016 when he pushed claims of a secret backchannel between the Trump Organization and Russia\u2019s Alfa Bank. The FBI looked into the suspicious data but determined collusion was unfounded, according to a Justice Department inspector general report. <\/p>\n<p>Durham <u><a class=\"Link\" href=\"https:\/\/www.washingtonexaminer.com\/news\/durham-argues-sussmann-lie-fbi-mattered-as-he-pushed-collusion-claims\">revealed<\/a><\/u> in February he has evidence that Joffe \u201cexploited\u201d DNS internet traffic at Trump Tower, former President Donald Trump\u2019s Central Park West apartment building, and the Executive Office of the President. The special counsel <u><a class=\"Link\" href=\"https:\/\/twitter.com\/ProfMJCleveland\/status\/1495157692012376066\">said<\/a><\/u> in October that Joffe exploited his company&#8217;s access to data at a &#8220;high-ranking executive branch office&#8221; both before and after the 2016 election. <\/p>\n<p>The special counsel said in February that Sussmann told a U.S. government agency, believed to be the CIA, about the dubious Russian bank connection in a February 2017 meeting in which Sussmann again allegedly misled about who his client was. Sussmann <u><a class=\"Link\" href=\"https:\/\/www.washingtonexaminer.com\/policy\/courts\/sussmann-wants-durham-filing-about-trump-white-house-snooping-stricken-from-record\">claimed<\/a><\/u> data he had access to \u201cdemonstrated that Trump and\/or his associates were using supposedly rare, Russian-made wireless phones in the vicinity of the White House and other locations,&#8221; according to Durham, who emphasized that he found &#8220;no support for these allegations.&#8221; <\/p>\n<p>The special counsel said in a March 30 letter to Sussmann that \u201cthe data underlying the allegations that the defendant provided to the FBI and Agency-2 was purported DNS data.\u201d The special counsel said the \u201cprimary purpose\u201d of FBI Special Agent David Martin\u2019s testimony will be to describe for the jury \u201cthe basic mechanics, architecture, and terminology of the DNS system and DNS data so that they can understand various technical concepts that appear in documents and other evidence that the Government will offer at trial.\u201d <\/p>\n<p>Martin will explain the Onion Router, or Tor, an open-source software platform that enables anonymous communications, and describe the concept of a \u201cTOR exit node,&#8221; Durham said. The special counsel also told the defense team that \u201cas you are aware, a white paper that the defendant submitted to FBI General Counsel Baker contained assertions about the purported use of a TOR exit node by the Trump Organization and Alfa Bank.\u201d <\/p>\n<p>\u201cYou have indicated in recent discussions that you may seek to limit the testimony and evidence at trial concerning the purported DNS data solely to that which reflects the defendant\u2019s state of mind and subjective understanding of the purported DNS data at issue in this case,\u201d Durham wrote. \u201cWe therefore understand that you are not currently inclined to offer evidence, or engage in questioning, that would imply, assert, or seek to prove the authenticity of the relevant DNS data or the actual truth of the allegations at issue concerning a secret channel of communications between the Trump Organization and Alfa Bank.\u201d <\/p>\n<p>But Durham said that if Sussmann \u201cseeks to establish or encourage particular conclusions in this regard,\u201d then the special counsel reserves the right to have Martin testify concerning topics such as the \u201cauthenticity\u201d of the \u201cpurported data\u201d behind the allegations given to the FBI and CIA, the possibility that the data was \u201cfabricated, altered, manipulated, spoofed, or intentionally generated\u201d to create the false appearance of secret communications, and whether the DNS data actually support the claim of a secret backchannel. <\/p>\n<p>The special counsel said that in that instance, he could also have the FBI special agent testify on whether the DNS data provided to the CIA actually support the conclusion that Trump and\/or his associates used Russian-made phones near Trump Tower, Trump\u2019s apartment, and the White House, as well as have him discuss &#8220;the validity and plausibility of the other assertions and conclusions set forth in the various white papers that the defendant provided to the FBI and Agency-2.&#8221; <\/p>\n<p>Durham added that he also \u201creserves the right to call additional expert witnesses and\/or substitute expert witnesses.\u201d <\/p>\n<p>A five-page curriculum vitae for Martin provided by Durham states that he has been unit chief for the FBI Cyber Division Cyber Technical Analysis Unit since February, with his job being to \u201clead a team of over 50 FBI employees and contractors responsible for the FBI Cyber Division\u2019s Advanced Digital Forensics.\u201d He has worked in that unit since 2015 and became a special agent in 2009. <\/p>\n<p>Durham has said Joffe tasked his own employees and associates in 2016 with mining and assembling internet data that would support an \u201cinference\u201d or \u201cnarrative\u201d tying Trump to Russia, with the tech executive stating in emails that the goal was to please \u201cVIPs\u201d \u2014 apparently referring to Sussmann, Clinton campaign general counsel Marc Elias, and the Clinton campaign. He referred to this as a <a class=\"Link\" href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/durham-asks-judge-to-review-clinton-campaign-claims-of-attorney-client-privilege\">\u201cjoint venture\u201d<\/a> this week. <\/p>\n<p>Clinton <u><a class=\"Link\" href=\"https:\/\/twitter.com\/HillaryClinton\/status\/793250312119263233?s=20\">tweeted<\/a><\/u> about the Alfa Bank matter on Halloween 2016, just days before the election. <\/p>\n<p>\u201cComputer scientists have apparently uncovered a covert server linking the Trump Organization to a Russian-based bank,&#8221; Clinton said. And she shared a <a class=\"Link\" href=\"https:\/\/www.washingtonexaminer.com\/news\/jake-sullivan-promoted-alfa-bank-story-center-durham-indictment\">lengthy statement<\/a> from campaign adviser Jake Sullivan, who is now President Joe Biden&#8217;s national security adviser. <\/p>\n<p>\u201cThis could be the most direct link yet between Donald Trump and Moscow,\u201d Sullivan <u><a class=\"Link\" href=\"https:\/\/twitter.com\/HillaryClinton\/status\/793250312119263233?s=20\">claimed<\/a><\/u>. \u201cThis secret hotline may be the key to unlocking the mystery of Trump\u2019s ties to Russia.\u201d <\/p>\n<p><b><a class=\"Link\" href=\"https:\/\/www.washingtonexaminer.com\/\">CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER<\/a><\/b> <\/p>\n<p>Sullivan added, \u201cWe can only assume that federal authorities will now explore this direct connection between Trump and Russia.\u201d He continued pushing the claims in 2017. <\/p>\n<p>Michael Horowitz, the inspector general of the Justice Department, <u><a class=\"Link\" href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/ratcliffe-says-all-kinds-of-intelligence-showed-fake-russia-collusion\">said<\/a><\/u> in a 2019 report that the FBI &#8220;concluded by early February 2017 that there were no such links&#8221; between former Trump and Alfa Bank. When asked about the Alfa Bank claims during House testimony in 2019, special counsel Robert Mueller said, &#8220;My belief at this point is that it\u2019s not true.\u201d A bipartisan Senate Intelligence Committee report released in 2020 said investigators did not find &#8220;covert communications between Alfa Bank and Trump Organization personnel.&#8221; <\/p>\n<\/p><\/div>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>The Democratic cybersecurity lawyer charged with lying to the FBI about who he was working for when he shared internet data that suggested a now-debunked Trump-Russia link doesn\u2019t<\/p>\n","protected":false},"author":498,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1426753","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1426753","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/498"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1426753"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1426753\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1426753"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1426753"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1426753"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}